theclearpath.com

Author: Shaikh Muhammad Bin Jameel Zaynoo

Source: Minhaaj Firqatun-Naajiyah (pp.55-58)

Published: Thursday 12th January, 2017

Allaah created the creation so that He alone should be worshipped, and He sent to them Messengers to teach them and He sent the Books along with the Messengers to establish judgement according to the truth and justice between them. Al-Hukm (the Judgement) is to be found in the Speech of Allaah and the speech of His Messenger (صلى الله علیه وسلم), and it includes judgement in matters of al-'ibaadaat (worship), al-mu'aamalaat (social transactions), al-'aqaa'id (beliefs), tashree' (Prescribed Laws), siyaasah (politics: to protect and take care of the affairs of the Ummah), and other human affairs.

[1] Judgement with regards to Beliefs:

The first matter which the Messengers began their call with was the correction of 'aqeedah (beliefs) and calling people to Tawheed (to single out Allaah alone for worship). So Yoosuf - 'alayhis-salaam - when he was in prison, called his two companions to Tawheed when they asked him about the interpretation of dreams. So before answering their question, he said:

"O two companions of the prison! Are many different deities better, or Allaah, the One, the Irresistible? You do not worship besides Him, except names which you and your forefathers have forged, for which Allaah has sent down no authority. The Judgement is for none but Allaah. He has commanded that you worship none except Him. That is the straight Deen. But most of mankind do not know."[/b] [Soorah Yoosuf (12):39-40]

[2] Judgement with regard to Worship:

It is obligatory that we take the ruling for matters of worship, such as Salaah (Prayer), Zakaah and Hajj (Pilgrimage), from the Qur'aan and the authentic Hadeeth; acting upon the saying of the Prophet (صلى الله علیه وسلم):

"Pray as you have seen me pray." [Related by al-Bukhaaree (no.631) and Ahmad, from Maalik Ibn al-Huwayrith (رضي الله عنه‎)]

"If a hadeeth is authentic, then that is my madhhab (position)." [This is the saying of Imaam Aboo Haneefah, as occurs in al-Haashiyah (1/63) of Ibn 'Aabideen, and it is also the saying of Imaam ash-Shaafi'ee, as is recorded by an-Nawawee in al-Majmoo' (1/63)]

If the Scholars differ with regards to any matter, then we do not have ta'assub (bigoted blind adherence) to the saying of any particular one of them, except whoever has the authentic proof.

[3] Judgement in Social Transactions

With regards to buying and selling, loans, hiring, and other than them - then the Judgement in these matters is for Allaah and His Messenger (صلى الله علیه وسلم), as Allaah - the Most High - says:

"But no by your Lord! They cannot truly believe, until they make you a judge in all disputes between them, and find in their souls no resistance against your decision, but accept it with complete submission." [Soorah an-Nisaa (4):65]

The mufassiroon (Scholars of Qur'aanic explanation) mention the reason for this Aayah (verse) being sent down, which was that there were two men who differed about a matter of irrigation. The Messenger (صلى الله علیه وسلم) judged in favour of az-Zubayr, so the other man said: You have judged in his favour because he is your cousin. Then this Aayah (verse) was sent down. [Related by al-Bukhaaree (no.4585)]

[4] Prescribed Punishments

The Judgement with regards to hudood (prescribed punishments) and qisaas (retaliation) is as Allaah - the Most High - said:

"And We prescribed for them: Life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth and a wound for a wound. But if any remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by what Allaah has revealed, then such are the dhaalims (wrongdoers)." [Soorah al-Maa'idah (5):45]

Even though this Aayah is with regards to the Jews - even so, it still applies to the disobedient Believers who do not judge by that which Allaah sent down. Then Allaah - the Most High - ordered His Messenger (صلى الله علیه وسلم) to judge between the People of the Book, saying:

"And judge between them by that which Allaah has revealed and do not follow their vain desires, but beware of them unless they turn you away from some of that which Allaah has revealed to you. So if they turn away, then know that Allaah's Will is to punish them for some of their sins. And indeed, most of mankind are faasiqs (rebellious and disobedient). Do they seek the judgement of Jaahiliyyah (pre-Islaamic ignorance)? And who is better in judgement, than Allaah, for a people who have certainty." [Soorah al-Maa'idah (5):49-50]

[5] Judgement regarding Prescribed Laws

The Judgement of Allaah with regards to the Sharee'ah (Prescribed Laws), is as Allaah - the Most High - says:

"He has prescribed for you all the same Deen (religion) which He ordained for Noah, and that which We have revealed to you (the Prophet)." [Soorah ash-Shooraa (42):13]

And Allaah criticises the mushriks (those who associate partners to Allaah in worship) for giving the right of prescribing Laws to other than Allaah, so He said:

"Or have they partners with Allaah, who have prescribed for them a Deen, that which Allaah has not given permission for." [Soorah ash-Shooraa (42):21]

In Summary

It is thus an obligation upon the Muslims to judge by the Book of Allaah and the authentic Sunnah, turning to them for judgement, whether in matters of 'aqeedah (beliefs), 'ibaadah (worship), siyaasah (politics), mu'aamalaat (social transactions), or any other affair. Also, they should not make a distinction between the various types of Judgement, acting upon the saying of Allaah - the Most High:

"And if you differ in any matter amongst yourselves, then refer it back to Allaah and His Messenger, if you do believe in Allaah and the Last Day." [Soorah an-Nisaa 4:59]

And the saying of Allaah - the Most High:

"And in whatever you differ, the judgement thereof is with Allaah." [Soorah ash-Shooraa 42:10]

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